Crane Enfield Metals Pty Limited

[2014] FWCA 7135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crane Enfield Metals Pty Limited
(AG2014/8873)

CRANE ENFIELD METALS PTY LIMITED PENRITH PLANT AWU CERTIFIED AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 OCTOBER 2014

Application for approval of the Crane Enfield Metals Pty Limited Penrith Plant AWU Certified Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Crane Enfield Metals Pty Limited Penrith Plant AWU Certified Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Crane Enfield Metals Pty Limited. The agreement is a single enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[3] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 27 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crane Enfield Metals Pty Limited, applied to the Fair Work Commission for approval of an enterprise agreement, known as the Crane Enfield Metals Pty Limited Penrith Plant AWU Certified Agreement 2014-2017. The Australian Workers' Union, as the registered union for the employees, supported the application. The Australian Manufacturing Workers' Union, however, opposed the application on several grounds, including concerns about the agreement's compliance with statutory minimum standards.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the statutory criteria for registration, including whether it provided for a fair and efficient workplace, was free from coercion and undue influence, and adhered to the relevant minimum standards. The Commission also had to consider whether the agreement had been fairly and properly made, as evidenced by the conduct of the parties during the bargaining process.

The Commission found that the proposed agreement did indeed meet the statutory criteria for registration. It was satisfied that the agreement was made without any element of coercion or undue influence and that it provided for a fair and efficient workplace. Furthermore, the Commission determined that the agreement complied with the relevant minimum standards and that it had been fairly and properly made. The Commission was satisfied that the applicant had conducted the bargaining process in good faith and that the union had adequately represented the employees. Consequently, the Commission approved the application and registered the agreement.

In light of the above, the Fair Work Commission approved the application and registered the Crane Enfield Metals Pty Limited Penrith Plant AWU Certified Agreement 2014-2017 as a registered agreement. This decision was made on the basis that the agreement met all the statutory criteria for registration and provided for a fair and efficient workplace. The Commission's decision was final and binding, and it could not be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established